'( ) The prosecution must then prove that the person charged with the offence was not searching for an animal which the accused believed was or might be seriously injured, and the conditions in this paragraph were not met.'.

'15A.(1) The Secretary of State shall specify by order the conditions under which animals seized and detained under paragraph 15 shall be accommodated.

(2) An order under this paragraph

(a) shall be made by statutory instrument,

(b) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.'.

Mr David Lidington

156

Schedule 3, page 23, line 5, at end insert

'15A. The Secretary of State shall make provision for the owner of an animal detained under the powers provided in paragraph 15 to have access to the animal at reasonable times.'.

Mr David Lidington

142

Schedule 3, page 23, line 7, at end insert 'if

(a) at the time when he proposes to exercise the power the public or any section of the public has access, on payment or otherwise as of right or by virtue of express or implied permission, to those premises; or

(b) people otherwise have ready access to the premises at the time when he proposes to exercise the power.'.

Mr David Lidington

143

Schedule 3, page 23, line 8, at end insert

'17A. A constable must in exercising any powers under paragraph 15 or 16 above comply with the requirements of sections 2, 3 and 4 of the Police and Criminal Evidence Act 1984,'.

Mr David Lidington

26

Schedule 3, page 23, line 10, leave out from 'The' to 'the' in line 11 and insert 'Secretary of State may apply to a magistrates court for an order providing for'.

Mr David Lidington

126

Schedule 3, page 23, line 11, leave out 'dog or'.

Mr David Lidington

27

Schedule 3, page 23, line 12, leave out from 'of' to end of line 13 and insert 'an act in respect of which a penalty has been imposed under paragraph 5.'.

Mr David Lidington

155

Schedule 3, page 23, line 12, leave out from 'offence' to end of line 13.

Mr David Lidington

127

Schedule 3, page 23, line 19, leave out 'dog or'.

Mr David Lidington

128

Schedule 3, page 23, line 22, leave out 'dog or'.

Mr David Lidington

129

Schedule 3, page 23, line 24, leave out 'dog or'.

Mr David Lidington

130

Schedule 3, page 23, line 31, leave out 'dog or'.

Mr David Lidington

131

Schedule 3, page 23, line 32, leave out 'dog or'.

Mr David Lidington

28

Schedule 3, page 23, line 33, leave out 'convicted' and insert 'on whom the penalty has been imposed under paragraph 5'.

Mr David Lidington

132

Schedule 3, page 23, line 34, leave out 'dog or'.

Mr David Lidington

157

Schedule 3, page 23, line 36, leave out paragraph 19.

Mr David Lidington

133

Schedule 3, page 23, line 37, leave out sub-paragraph (1).

Mr David Lidington

29

Schedule 3, page 23, line 37, leave out from 'The' to 'from' in line 38 and insert 'Secretary of State may apply to a magistrates' court for an order prohibiting a person on whom a penalty has been imposed under paragraph 5 by virtue of paragraph 1, 3 or 4(2)'.

Mr David Lidington

30

Schedule 3, page 23, line 39, at end insert ', if during the commission of the offence the dog was treated cruelly.'.

Mr David Lidington

134

Schedule 3, page 23, line 40, leave out '(which may be for the person's life)'.